Why a warmer Arctic needs new laws

The Arctic Ocean has until recently received about as much attention from politicians, economists and foreign policy experts as the back of the moon. But before long, thanks to global warming, the ocean may turn into a new economic frontier. About 20-30 per cent of the world’s likely but undiscovered oil reserves lie beneath it. High energy prices and advances in ship design, drilling equipment and remote sensing combine to open up opportunities to exploit these reserves and ship freight between the Pacific and the North Atlantic via the Arctic. The five Arctic Ocean states (the US, Canada, Denmark/Greenland, Norway, Russia) are boosting military capacity to assert competing territorial claims.


…As the opportunities open, difficult legal and environmental problems loom. Most of the Arctic states say that there should be a right of uninterrupted passage across the ocean. But Russia claims not only the territory of the continental shelf stretching all the way from northern Russia to the North Pole, but also the right to control sea traffic along the north-east passage – on grounds that continuous ice poses dangers to traffic, and that the Law of the Sea Convention sanctions a riparian state controlling traffic and setting fees in such conditions. Canada makes a similar claim for the north-west passage. These and other issues will force a clarification of international law, especially international law on sea ice.

Shipping poses dangers to the ecosystem of the Arctic, which is even more vulnerable than more southerly environments. The biggest danger is from accidents, because oil and other organic substances decompose more slowly in cold water and ice, and ice can interfere with clean-up. Also, emissions from fossil-fuelled vessels may cause greying of the ice cap, accelerating melting. On the other hand, shorter shipping routes could significantly cut fuel consumption and greenhouse gas emissions, especially if engines use hydrogen or nuclear fuel.

Financial Times